Florida

Last updated: 9/4/2026

This guide is for informational purposes only and does not constitute legal advice. Poker laws vary by jurisdiction and are subject to change. Consult a licensed attorney in your state for specific legal questions about hosting poker games.

Home game poker is restricted in Florida under the 'penny-ante' exception (F.S. 849.085), which limits any player's winnings in a single round, hand, or game to $10 and requires the game be held in a statutorily defined 'dwelling.' The state has a complex gambling landscape, with Seminole Tribe poker rooms and pari-mutuel card rooms, and Amendment 3 (2018) requires voter approval for casino gambling expansion.

Home Games

Restricted

Home poker games are legal in Florida only if they qualify as 'penny-ante games' under F.S. 849.085. The statute defines a penny-ante game as one in which the winnings of any player in a single round, hand, or game do not exceed $10 in value. The game must be conducted in a 'dwelling' as defined by the statute, which includes a participant's residence, condominium/cooperative/subdivision/mobile home park common areas, 501(c)(7) organization facilities, college dormitory rooms and dormitory common recreational areas, and publicly owned community centers owned by a municipality or county.

Conditions

  • Winnings of any player in a single round, hand, or game may not exceed $10 in value
  • The game must be conducted in a 'dwelling' as defined in F.S. 849.085(2)(b)
  • No person may receive any consideration or commission for allowing the game to occur in his or her dwelling
  • No person may directly or indirectly charge admission or any other fee for participation
  • No person may solicit participants by advertising in any form, advertise the time or place of a game, or advertise that he or she will be a participant
  • No participant may be under 18 years of age
  • Debts created as a consequence of a penny-ante game are not legally enforceable
Age: 18+

Charitable Gaming

Legal - Limited

Florida's charitable gaming authorities in Chapter 849 are narrow: F.S. 849.0931 authorizes bingo and instant bingo by qualifying charitable, nonprofit, and veterans' organizations that have been active for three years or more, and F.S. 849.0935 governs drawings by chance. Neither section authorizes charitable poker tournaments. Charity poker events in Florida are generally run at licensed pari-mutuel card rooms rather than under a standalone charitable poker statute. This section requires further verification before being relied upon.

License: Required

Commercial Poker

Legal - Licensed & Regulated

Florida has pari-mutuel card rooms that offer poker, and the Seminole Tribe operates Hard Rock casinos with major poker rooms under the 2021 Gaming Compact. The principal federal challenge to that compact ended when the U.S. Supreme Court denied certiorari in West Flagler Associates v. Haaland on June 17, 2024, leaving the D.C. Circuit decision upholding the compact's approval in place. Amendment 3 (2018) continues to require statewide voter approval for any expansion of casino gambling.

Key Statutes

F.S. 849.085Certain penny-ante games not crimes; restrictions

Exempts 'penny-ante games' from criminal gambling prohibitions where no player's winnings in a single round, hand, or game exceed $10, the game is held in a statutorily defined dwelling, no one profits from hosting, and no participant is under 18

View statute
F.S. 849.0931Bingo authorized; conditions for conduct; permitted uses of proceeds; limitations

Authorizes bingo and instant bingo by qualifying charitable, nonprofit, and veterans' organizations active for three years or more, with proceeds restrictions. Does not authorize charitable poker.

View statute
Amendment 3 (2018)Voter Control of Gambling

Requires statewide voter approval for any expansion of casino gambling

Recent Changes

2024-06-17

The U.S. Supreme Court denied certiorari in West Flagler Associates v. Haaland, leaving in place the appellate ruling upholding federal approval of the 2021 Seminole Gaming Compact, including statewide mobile sports betting routed through tribal servers.

Removes the primary legal cloud over the compact; card room poker operations continue under existing permits, but Amendment 3 still constrains expansion

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